Question of the Month

June 2017

Question
Does your area have a minimum wage that differs from the present, federal minimum wage?
Answer from Ohio

In April 2016, the City of Cincinnati passed an ordinance increasing the living wage for city employees and employees of covered city contractors and subcontractors as follows: 

•    $15/hour for full-time city employees or full-time employees of covered employers;
•    $10.10/hour for seasonal or part-time city employees;
•    $11.73/hour for part-time or seasonal employees of a covered employer that provides employee health care to its part-time and seasonal employees;
•    $13.23/hour for part-time or seasonal employees of a covered employer that does not provide employee health care to its part-time and seasonal employees.   Ordinance 91-2016; Cincinnati Municipal Code Section 317-3.

For more information please contact Emily Gelhaus at ejg@drgfirm.com

*Disclaimer: All answers to the Question of the Month are current the day on which they are posted. After this date, the information may subsequently change as a result of laws or rulings. For the most current information, please contact the responding lawyer for each state in which you are interested.

Answer from Missouri

The City of St. Louis passed an increased minimum wage but the ordinance was deemed unsconstitutional by the Missouri Court of Appeals. The case is scheduled to be argued in the Fall before the Missouri Supreme Court.

For more information please contact Stephen Maule at maule@mcmahonberger.com

*Disclaimer: All answers to the Question of the Month are current the day on which they are posted. After this date, the information may subsequently change as a result of laws or rulings. For the most current information, please contact the responding lawyer for each state in which you are interested.

Answer from Massachusetts

The Massachusetts statewide minimum wage is $10.00/hour effective January 1, 2016. The statewide minimum wage will rise to $11.00/hour on January 1, 2017.  No cities have a different minimum wage.

For more information please contact Marylou Fabbo at mfabbo@skoler-abbott.com

*Disclaimer: All answers to the Question of the Month are current the day on which they are posted. After this date, the information may subsequently change as a result of laws or rulings. For the most current information, please contact the responding lawyer for each state in which you are interested.

Answer from Maryland

As of July 1, 2015, Maryland’s minimum wage is currently $8.25. It will rise to $8.75 as of July 1, 2016, and then to $9.25 on July 1, 2017, and finally to $10.10 on July 1, 2018. In Prince George’s and Montgomery Counties, the minimum wage is currently $9.55.  It will rise to $10.75 on October 1, 2016, and then to $11.50 on October 1, 2017.  Additionally, Maryland Living Wage law requires employers with state contracts to pay $13.59 per hour in Tier 1 jurisdictions (Montgomery, Prince George’s, Howard, Ann Arundel, Baltimore Counties and Baltimore City) and $10.21 per hour in Tier 2 jurisdictions (all others). Baltimore City’s living wage for employers with city contracts is currently $11.46.  In Montgomery County, employers with county contracts are subject to a Wage Requirements rate of $14.35 through June 30, 2016.  Effective July 1, 2016, the Wage Requirements rate will be $14.40 through June 30, 2017.

For more information please contact Fiona Ong at fwo@shawe.com

*Disclaimer: All answers to the Question of the Month are current the day on which they are posted. After this date, the information may subsequently change as a result of laws or rulings. For the most current information, please contact the responding lawyer for each state in which you are interested.

Answer from California

Effective, January 2016, the state minimum wage is $10 per hour. More than a dozen cities in Northern and Southern California have a higher minimum wage than the state's mandate.

For more information please contact Erin Winters at ewinters@fosteremploymentlaw.com

*Disclaimer: All answers to the Question of the Month are current the day on which they are posted. After this date, the information may subsequently change as a result of laws or rulings. For the most current information, please contact the responding lawyer for each state in which you are interested.

Answer from Nevada

NRS 608.250 establishes the Office of Labor Commissioner as the agency designated by the Governor to make the minimum wage calculation each year and publish the bulletin announcing the rates. On April 1, 2016, the Nevada Labor Commissioner’s Office posted its annual bulletin stating that employees who are offered qualifying health benefits shall be paid not less than $7.25 per hour and for all other employees, the minimum wage is $8.25 an hour.

For more information please contact Scott Abbott at SAbbott@kzalaw.com

*Disclaimer: All answers to the Question of the Month are current the day on which they are posted. After this date, the information may subsequently change as a result of laws or rulings. For the most current information, please contact the responding lawyer for each state in which you are interested.

Answer from Michigan

Michigan’s minimum wage increased to $8.50 per hour (and $3.23 per hour for tipped employees) in 2016.  In 2017, the minimum wage increases to $8.90 (and $3.38 for tipped employees).
 
With respect to municipal minimum wages/living wages, a number of municipalities did pass living wages over a period of years.  In June, 2015, a new law prohibited local governments from adopting, enforcing or administering ordinances, resolutions or policies requiring a wage higher than the federal or Michigan minimum wage, whichever is higher.  MCL 123.1385.
 
However, municipalities retain the right to establish prevailing wage statutes with respect to contractors performing work on municipal contracts.

For more information please contact Bill Pilchak at wpilchak@mi-worklaw.com

*Disclaimer: All answers to the Question of the Month are current the day on which they are posted. After this date, the information may subsequently change as a result of laws or rulings. For the most current information, please contact the responding lawyer for each state in which you are interested.

Answer from Minnesota

Minnesota's state-wide minimum wage rates are as follows:

Provision - Large employer wage
New law - $9.50/hour on Aug. 1, 2016
Provision - Small employer wage
New law - $7.75/hour on Aug. 1, 2016

Provision - 90-day training wage (under 20 years of age)
New law - $7.75/hour on Aug. 1, 2016

Provision - Youth wage (under 18 years of age)
New law - $7.75/hour on Aug. 1, 2016

Provision - Inflation increase
New law - Inflation indexing begins Jan. 1, 2018

http://www.dli.mn.gov/LS/minwage.asp; see also Minn. Stat. § 177.24 Subd. 1. A large employer is a business with an annual gross revenue or $500,000 or more.  Id.

For more information please contact Doug Seaton at dseaton@seatonlaw.com

*Disclaimer: All answers to the Question of the Month are current the day on which they are posted. After this date, the information may subsequently change as a result of laws or rulings. For the most current information, please contact the responding lawyer for each state in which you are interested.

Answer from New York

New York provides for a higher minimum wage than federal law, currently $9 per hour for most employees.   As noted above, New York recently enacted a law that will gradually increase the state minimum wage to $15. The first increases will take place at the end of 2016, and the rate of this and subsequent increases will vary based on the location of the employee. Certain employees in the hospitality and building services industries have a lower minimum wage based on the applicable industry wage orders.

Employees who report to work at the direction or with the permission of their employers may also be entitled receive a minimum amount of “call-in” pay (typically four hours at the minimum wage in most industries), regardless of the number of hours they actually work on that day. Further, certain employees are entitled to an additional hour of pay at the minimum wage when their start and end times on a given day are more than 10 hours apart (“spread of hours” pay) or when their work hours are not consecutive, discounting certain meal periods (“split shift” pay).

For more information please contact John Keil at jkeil@cfk-law.com

*Disclaimer: All answers to the Question of the Month are current the day on which they are posted. After this date, the information may subsequently change as a result of laws or rulings. For the most current information, please contact the responding lawyer for each state in which you are interested.

Answer from North Carolina

No in North Carolina.

For more information please contact Steve Dunn at steve.dunn@vradlaw.com

*Disclaimer: All answers to the Question of the Month are current the day on which they are posted. After this date, the information may subsequently change as a result of laws or rulings. For the most current information, please contact the responding lawyer for each state in which you are interested.

Answer from Wisconsin

The minimum wage in Wisconsin is the same as the federal minimum wage, $7.25 per hour.  In 2014, there was a proposal to raise the minimum wage to $10.10 per hour and this proposal made it onto some ballots in 13 counties and cities.  However, as only the Governor can raise the state minimum wage because it is an issue of "statewide concern," the vote was only to determine the opinion of certain Wisconsin residents. Current governor Scott Walker opposes raising the minimum wage in Wisconsin.

For more information please contact Laurie Petersen at LPetersen@lindner-marsack.com

*Disclaimer: All answers to the Question of the Month are current the day on which they are posted. After this date, the information may subsequently change as a result of laws or rulings. For the most current information, please contact the responding lawyer for each state in which you are interested.

Answer from Alabama

No in Alabama.

For more information please contact David Middlebrooks at dmiddlebrooks@lehrmiddlebrooks.com

*Disclaimer: All answers to the Question of the Month are current the day on which they are posted. After this date, the information may subsequently change as a result of laws or rulings. For the most current information, please contact the responding lawyer for each state in which you are interested.

Answer from Florida

Florida’s minimum wage does differ from the federal min. wage.  Some counties, including Miami-Dade and Broward counties have living wage ordinances.

For more information please contact Wayne Helsby at WHelsby@anblaw.com

*Disclaimer: All answers to the Question of the Month are current the day on which they are posted. After this date, the information may subsequently change as a result of laws or rulings. For the most current information, please contact the responding lawyer for each state in which you are interested.

Answer from Oregon

Yes, Oregon’s current minimum wage is $9.25 per hour, which is higher than the present federal minimum wage. 

A new three-tiered minimum wage scale based on county population will go into effect on July 1, 2016.  The minimum wage will increase to $9.75 within the Portland urban growth boundary and mid-sized counties, and will increase to $9.50 in rural counties.  The minimum wage will increase again on July 1 of each subsequent year, eventually rising to $14.75 within the Portland urban growth boundary, $13.50 in mid-sized counties and $12.50 in rural counties by 2022.

For more information please contact Chris Duckworth at cduckworth@bullardlaw.com

*Disclaimer: All answers to the Question of the Month are current the day on which they are posted. After this date, the information may subsequently change as a result of laws or rulings. For the most current information, please contact the responding lawyer for each state in which you are interested.

Answer from Hawaii

Hawaii’s current minimum wage is $8.50/hour.  It is scheduled to increase to $9.25/hour, effective January 1, 2017, and to $10.10, effective January 1, 2018.  Cities do not have separate minimum wages.

For more information please contact Sarah Wang at SWang@marrjones.com

*Disclaimer: All answers to the Question of the Month are current the day on which they are posted. After this date, the information may subsequently change as a result of laws or rulings. For the most current information, please contact the responding lawyer for each state in which you are interested.

Answer from Pennsylvania

The Pennsylvania minimum wage currently matches the federal minimum wage. Under Executive Order 2016-02, the Commonwealth has enacted a higher minimum wage of $10.15 per hour that applies to state employees and some organizations that receive state contracts. Pennsylvania municipality has not adopted a “living wage” statute applicable to public sector employers. Contractors and subcontractors of the City of Philadelphia must be paid at least $12.00 per hour.

For more information please contact John Ellis at jellis@ufberglaw.com

*Disclaimer: All answers to the Question of the Month are current the day on which they are posted. After this date, the information may subsequently change as a result of laws or rulings. For the most current information, please contact the responding lawyer for each state in which you are interested.

Answer from Virginia

Virginia’s minimum wage law, which adopts by reference the Federal minimum wage, applies only to employers with less than 5 employees.  Certain Virginia localities (including for example Arlington and Alexandria) have adopted requirements that their contractors pay a living wage, but no Virginia localities impose a separate minimum wage requirement on employers operating in their localities more generally.  In 2016, a law was passed – but vetoed by the Governor – that would have prevented localities from imposing living wage requirements even on their own contractors.

For more information please contact Susan Carnell at scarnell@lorengercarnell.com

*Disclaimer: All answers to the Question of the Month are current the day on which they are posted. After this date, the information may subsequently change as a result of laws or rulings. For the most current information, please contact the responding lawyer for each state in which you are interested.

Answer from Washington

The minimum wage rate in Washington in 2016 is $9.47 per hour.  Certain cities (Seattle, SeaTac and Tacoma) have a higher minimum wage rate than this.

For more information please contact Ken Diamond at ken@winterbauerdiamond.com

*Disclaimer: All answers to the Question of the Month are current the day on which they are posted. After this date, the information may subsequently change as a result of laws or rulings. For the most current information, please contact the responding lawyer for each state in which you are interested.

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